Question Presented (AI Summary)
Whether respondents have Article III standing to challenge FDA's 2016 and 2021 actions
Question Presented (OCR Extract)
QUESTIONS PRESENTED This case concerns mifepristone, a drug that the U.S. Food and Drug Administration (FDA) approved in 2000 as safe and effective for terminating early pregnancies. The Fifth Circuit held that respondents—doctors and associations of doctors who oppose abortion—have Article III standing to challenge FDA’s 2016 and 2021 actions with respect to mifepristone’s approved conditions of use and that those actions were likely arbitrary and capricious. The court therefore affirmed the district court’s stay of the relevant agency actions. The questions presented are: 1. Whether respondents have Article III standing to challenge FDA’s 2016 and 2021 actions. 2. Whether FDA’s 2016 and 2021 actions were arbitrary and capricious. 3. Whether the district court properly granted preliminary relief. (I)
Docket Entries
2024-08-22
Record returned to the United States District Court for the Northern District of Texas.
2024-02-20
Motion for leave to file amicus brief out of time filed by American Bar Association DENIED.
2024-02-20
Motion for leave to file amici brief out of time filed by Former Commissioners of the U.S. Food and Drug Administration GRANTED.
2024-02-20
Motion for leave to intervene filed by Missouri, et al. DENIED.
2024-02-20
Motion for leave to intervene filed by Gregory J. Roden as Next Friend of Americans en ventre sa mere DENIED.
2024-02-13
Public electronic record on appeal received from the United States District Court for the Northern District of Texas (one DVD) and available with the Clerk.
2024-02-13
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
2024-02-09
Sealed record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
2024-02-08
Application (23A712) granted by Justice Alito to file respondents' brief on the merits in excess of the word limit provided that the brief does not exceed 18,000 words.
2024-02-06
Reply in support of motion of Missouri, et al. to intervene filed. (Distributed)
2024-01-31
Motion of Missouri, et al. for leave to intervene and motion of Gregory J. Roden, as Next Friend of Americans en ventre sa mere for leave to intervene DISTRIBUTED for Conference of 2/16/2024.
2024-01-31
Record requested from the United States Court of Appeals for the Fifth Circuit.
2024-01-30
Application (23A712) to file respondents' brief on the merits in excess of the word limit, submitted to Justice Alito.
2024-01-30
Brief amicus curiae of AANHPI, Black, and Immigrant Women's Organizations filed.
2023-12-13
Petition GRANTED. The petition for a writ of certiorari in No. 23-236 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
2023-11-21
DISTRIBUTED for Conference of 12/8/2023.
2023-11-21
Reply of petitioners US Food and Drug Administration, et al. filed. (Distributed)
2023-11-15
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-10-07
Application (23A300) to file consolidated brief in opposition in excess of word limits granted by Justice Alito. The consolidated brief in opposition may not exceed 13,500 words.
2023-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2023.
2023-09-29
Motion to extend the time to file a response from October 12, 2023 to November 9, 2023, submitted to The Clerk.
2023-09-29
Application (23A300) to file consolidated brief in opposition in excess of word limits, submitted to Justice Alito.
2023-09-08
Petition for a writ of certiorari filed. (Response due October 12, 2023)
Attorneys
237 Reproductive Health, Rights, and Justice Organizations
AANHPI, Black, and Immigrant Women's Organizations
Advancing American Freedom, Inc.
Alliance for Hippocratic Medicine, et al.
American Center for Law & Justice
American Civil Liberties Union Foundation, et al.
American College of Obstetricians and Gynecologists, et al.
American Psychological Association, National Association of Social Workers
Americans En Ventre Sa Mere
Americans United for Life
Asian Americans Advancing Justice-AAJC
Association of American Medical Colleges
Charlotte Lozier Institute
Democrats for Life of America
Disability Rights Education & Defense Fund, et al.
Doctors for America and The Reproductive Health Coalition
Dr. Grazie Pozo Christie and The Catholic Association Foundation
Ethics and Public Policy Center
Family Policy Alliance and State Family Policy Councils
Family Research Council and Martha Shuping, M.D.
Food and Drug Law Scholars
Former Commissioners of the U.S. Food and Drug Administration
Former Military Officials, Civilian National Security Leaders, and Vet Voice Foundation
Former U.S. Attorney General Edwin Meese III
Former U.S. Department of Health and Human Services, U.S. Food and Drug Administration, and White House Officials
Former U.S. Department of Justice Officials
Freedom from Religion Foundation and American Atheists
Gianina Cazan-London MD, Melissa Halvorson MD, and Wagner Faith & Freedom Center
Human Coalition, the Ethics and Religious Liberty Commission, and the National Association of Evangelicals
Jewish Coalition for Religious Liberty
Legal Voice, the National Domestic Violence Hotline, et al.
Life Legal Defense Foundation
Local Governments and Local Government Leaders
Medical Students for Choice
Missouri, Idaho, and Kansas
Mountain States Legal Foundation
NAACP Legal Defense & Educational Fund, Inc.
National Association of Nurse Practitioners in Women's Health, American College of Nurse-Midwives, American Academy of Physician Associates, and Association of Physician Associates in Obstetrics and Gynecology
National Council of Jewish Women, et al.
National Hispanic Leadership Conference; Frederick Douglas Foundation
Operation Rescue and West Virginians for Life
Over 300 Reproductive Health Researchers
Over 600 State Legislators
Patient and Provider Advocacy Organizations
Pharmaceutical Companies, Executives, and Investors
Pharmaceutical Research and Manufacturers of America
Physicians for Reproductive Health
Professor F. Andrew Hessick
Professors David S. Cohen and Rachel Rebouché
Public Citizen; Center for Science in the Public Interest
Reproductive Freedom Alliance
Robertson Center for Constitutional Law
Secretary David L. Bernhardt
Southeastern Legal Foundation and Texas Public Policy Foundation
Students for Life of America
Susan B. Anthony Pro-Life America, et al.
The City of New York and NYC Health + Hospitals, The County of Santa Clara, and Four Other Local Jurisdictions
The Elliot Institute, Rachel's Vineyard, and Entering Canaan Ministry
The Prolife Center at the University of St. Thomas (MN)
United States Medical Association
US Food and Drug Administration, et al.
Women and Families Harmed by Mifepristone and Former Abortion Providers
Women Injured by Abortion
Women Who Have Obtained Medication Abortion Via Telemedicine
Women's Bar Association of the District of Columbia
World Faith Foundation and Institute for Faith and Family